Texas House Bill HB28

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of House Committee: 4/14/09
• Voted on by House: 4/27/09

Caption

Relating to requiring notice by a seller of real property of potential annexation of the property by a municipality.

Impact

The implementation of HB28 will require significant changes in the way real estate transactions are conducted in Texas. By mandating that sellers provide specific written notices regarding possible annexation, the bill enhances the information available to buyers, allowing for more informed decision-making. This transparency is expected to improve trust in property transactions, benefitting both consumers and local governments by reducing disputes over annexation-related issues post-purchase.

Summary

House Bill 28 aims to amend the Property Code concerning the requirement for sellers of real property to disclose potential annexation by municipalities. This bill stipulates that sellers must inform potential buyers if they have received notice from a municipality that their property is included in an annexation plan. The intent behind this legislation is to promote transparency in property transactions and ensure that buyers are fully aware of any risks related to annexation before completing the purchase.

Contention

Notable points of contention around the bill may arise from the potential burdens it places on sellers, particularly those with limited access to information from municipalities. Critics argue that the additional requirement could complicate the selling process and lead to increased transaction costs. Furthermore, there may be debates over how effectively municipalities can communicate their annexation plans to sellers, as this could impact compliance with the new regulations introduced by HB28.

Enforcement

Enforcement of this bill would likely fall to the Texas Real Estate Commission, which will need to ensure that sellers adhere to the new disclosure requirements. Failure to provide the mandated notice could allow buyers to terminate contracts within a specific timeframe, highlighting the importance of compliance for sellers. Overall, the legislation balances the interests of property buyers and sellers while addressing the dynamics of municipal growth and development.